Legal Question in Workers Comp in Virginia

I have been off work since August 08, with a back injury suffered at work. I had surgery to correct the problem Feb 09 but am still suffering from back pain, and haven't returned to work. I was let go formally Apr 09, because I didn't have a return to work date. Now I am attending school, which was approved by workers comp, however I still haven't been compensated for school. I have discussed all of the school issues with my comp representative but she wants to pay out the cost of school and close my claim. Can they do this while I am still injured and have no way to work? Also, what are my rights, can I still have the claim open and receive benefits while still receiving benefits for school (re-education)? This claim is through Virginia.


Asked on 11/16/09, 10:22 am

3 Answers from Attorneys

Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

The decision to close your claim is yours to make, not the insurance company's. However, there are things that the insurance company can do which could be harmful to your claim. Virginia does provide for re-training but there are numerous conditions attached to this benefit. You appear to be unrepresented and this makes you vulnerable to being manipulated by the insurance company. I am concerned about whether or not you actually have the protections that Virginia law provides. You should consult an experienced Virginia workers' compensation attorney as soon as possible to that you can be properly informed of your rights.

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Answered on 11/21/09, 11:41 am
Cary Moseley Law Office of Cary Powell Moseley, PLLC

I agree with Mr. Sweeny. You need to consult and/or hire a good work comp attorney. My office handles these case if you need further help or a referral or if you just want to talk. Good luck.

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Answered on 11/21/09, 12:57 pm
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

I also agree with Mr. Sweeney. You need to check your status with the Virginia Workers Compensation Commission. If you have an AWARD, you have lifetime medical rights which includes vocational training. If you have a temporary total AWARD, then the insurer is required to pay you as along as you are totally disabled up to 500 weeks. If you are partially disabled then you the insurer has to pay you up to 500 weeks unless it can find you light duty employment. You indicate the insurer has approved the vocational training but won't pay for it. You need to consult a workers' compensation attorney regarding your options. If you are not on compensation, you may have the right to go back on compensation. You may have the right to get the insurer to pay for your school. For more information check my website at www.virginiadisabilitylawyer.com.

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Answered on 11/21/09, 4:48 pm


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